Bombay High Court
KUNAL NAMDEV MAHALEversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed
Holding
The court granted anticipatory bail to the applicant, subject to stringent conditions, as the only allegation was assistance in disposing of a dead body and there were no prior antecedents.
Summary
The High Court considered an anticipatory bail application filed by Kunal Namdev Mahale, who was alleged to have helped a co‑accused dispose of a dead body, constituting destruction of evidence. The applicant argued that he had complied with earlier court orders and had no prior criminal antecedents. The respondent State emphasized the seriousness of the offence. The court found that the sole allegation against the applicant was assistance in body disposal and, given his compliance and lack of antecedents, granted anticipatory bail subject to stringent conditions, including furnishing a bond, regular police attendance, and non‑interference with witnesses or evidence. The order directed the applicant’s release on bail if arrested and imposed specific conditions to ensure cooperation with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the applicant accused of assisting in the disposal of a dead body
- Whether the applicant’s compliance with prior court orders and lack of antecedents warrant bail
- What conditions, if any, should be imposed on the grant of anticipatory bail in such a case
Subjects
- anticipatory bail
- destruction of evidence
- body disposal
- criminal procedure
- bail conditions
Judgment
15-ABA-2391-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2391 of 2026
Kunal Namdev Mahale …Applicant
Vs.
State of Maharashtra and Anr. …Respondents
Mr. Himanshu S. Gavit, for the Applicant.
Ms. M.R. Tidke, APP for the Respondent-State.
PI Nitin Aandhle, Panchvati, Nashik, present.
HC Ahirrao, Panchvati, Nashik, present.
CORAM: MADHAV J. JAMDAR, J.
DATE : 05th October, 2026
P. C.:
1. Heard, Mr. Gavit, learned counsel appearing for the
Applicant and Ms. Tidke, learned App for the Respondent-State.
2. At the outset, learned counsel appearing for the Applicant
states that, the order dated 11th September, 2026 passed by this
Court has been complied with and the Applicant has attended the
concerned Police station on 28th September 2026 and 29th
September 2026. He also relied on order dated 12 th June, 2026
passed by the learned Single Judge in Criminal Anticipatory Bail
Application No. 208 of 2026 in the case of Co-accused- Akash
Rajendra Dolas, and submits that his role is also same. He further
Aftab S.
Page 1 of 4
05th October, 2026
15-ABA-2391-2026.DOC
submitted that the only allegation against the Applicant is of the
destruction of evidence as the Applicant helped the co-accused to
dispose the dead body of the deceased. Learned counsel appearing
for the Applicant, submits that there are no other antecedents.
3. On the other hand, Mrs. Tidke, learned APP submits that the
offence is very serious as the Applicant has helped the co-accused
to dispose the dead body of the deceased.
4. Perusal of the record shows that the only role attributed to
the present Applicant is helping the main accused in disposing of
the dead body. The main Accused has already been arrested. There
are no other antecedents.
5. As case is made out for grant of anticipatory bail by
imposing stringent conditions, the following order is passed :
ORDER
a) In the event of arrest of the Applicant- Kunal
Namdev Mahale, in connection with C.R. No.78 of
2024 registered with the Pachnvati Police Station,
Nashik City, the Applicant is directed to be released
Aftab S.
Page 2 of 4
05th October, 2026
15-ABA-2391-2026.DOC
on bail on his furnishing P.R. Bond in the sum of
Rs.30,000/- with one or two solvent sureties in the
like amount.
b) The Applicant shall attend the concerned Police
Station on 12th October, 2026 and 13th October,
2026 and shall cooperate with the investigation. The
Applicant shall attend the concerned Police Station
once in a month, i.e., 1st Sunday of each month till
the conclusion of the trial.
c) The Applicant shall furnish his cell phone number
and residential address to the Investigating Officer
and shall keep the same updated, in case of any
change thereto.
d) The Applicant shall not directly or indirectly make
any inducement, threat, or promise to any person
acquainted with the facts of the case so as to
dissuade such a person from disclosing the facts to
the Court or to any Police personnel.
Aftab S.
Page 3 of 4
05th October, 2026
15-ABA-2391-2026.DOC
e) The Applicant shall not tamper with the prosecution
evidence and shall not contact or influence the
Complainant or any witness in any manner.
8. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
Aftab S.
Page 4 of 4
05th October, 2026
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.